Law Commons^™

Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman

William & Mary Bill of Rights Journal

No abstract provided.

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

The On/Off Switch, Philip Heymann

William & Mary Bill of Rights Journal

No abstract provided.

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.

Litigating Presidential Signing Statements, Michele Estrin Gilman

William & Mary Bill of Rights Journal

No abstract provided.

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.

Congressional Immunity Grants And Separation Of Powers: Legislative Vetoes Of Federal Prosecutions, Hanah M. Volokh

Hanah M. Volokh

Congressional investigations can derail criminal prosecutions. The most famous example is the failure of the prosecution of Oliver North for his role in the Iran-Contra scandal after he testified at a congressional committee hearing about his conduct. The D.C. Circuit Court of Appeals held that much of the evidence being used in the prosecution was tainted by association with North's compelled congressional testimony and could not be used at trial.

The knowledge that congressional investigations and grants of immunity can create problems for prosecutors has not stopped either the investigations or the immunity grants. Recently, Congress granted immunity to a …

Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan

Faculty Publications

Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …

The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt

William & Mary Bill of Rights Journal

No abstract provided.

Political Judging: When Due Process Goes International, Montré D. Carodine

William & Mary Law Review

The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This Article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making: the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgments obtained abroad. Courts reviewing foreign judgments to determine whether they areworthy of recognition have created an "international due process"analysis. …

The State Secrets Privilege And Separation Of Powers, Amanda Frost

Articles in Law Reviews & Other Academic Journals

Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the war on terror, arguing that the very subject matter of these cases must be kept secret to protect national security. The executive's recent assertion of the privilege is unusual, in that it is seeking dismissal, pre-discovery, of all challenges to the legality of specific executive branch programs, rather than asking for limits on discovery in individual cases. This essay contends that the executive's assertion of the privilege is therefore akin to a claim that the courts lack jurisdiction to …

Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Race, Rights, And The Thirteenth Amendment: Defining The Badges And Incidents Of Slavery, William M. Carter Jr.

Articles

The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude and also empowers Congress to end any lingering "badges and incidents of slavery." The Court, however, has failed to provide any guidance as to defining the badges and incidents of slavery when Congress has failed to identify a condition or form of discrimination as such. This has led the lower courts to conclude that the judiciary's role under the Thirteenth Amendment is limited to enforcing only the Amendment's prohibition of literal enslavement.

This article has two primary objectives. First, it offers an interpretive framework for defining …